Stepfather jailed for rape

A 36-year-old man has been ordered to serve a term of 7 years, 9 months and 5 days’ imprisonment with immediate effect for raping his stepdaughter.

The Supreme Court heard that Kenneth Holiwon sexually abused his 13-year-old stepdaughter on multiple occasions between December 2022 to February 2023, and continued through to June. Throughout these multiple times, he entered the house where his stepdaughter live and her grandmother live at night and committed the offences.

The offences happened on the island of Pentecost, where he was living with the victim and her mother, with whom he has a relationship.

Holiwon admitted his actions to the police upon arrest and pleaded guilty to one count of unlawful sexual intercourse and two charges of indecency with a young person.

After considering previous precedence and aggravating factors, Chief Justice (CJ) Vincent Lunabek gave him a sentence start point of 12 years’ imprisonment for unlawful sexual intercourse with a minor and 3 years for his act of indecency.

The sentence was reduced at 33% due to his guilt pleas and again at 4 months for mitigating factors, such as being a first time offender.

His sentence is 7 years and 10 months’ imprisonment for unlawful sexual intercourse and 1 year 10 months for act of indecency. He has already served several weeks in custody.

Lunabek said the circumstances of the offending does not justify a suspension.

Holiwon was given 14 days to appeal the sentence.

Grandfather gets suspended sentence for indecency

A 76-year-old man, who pleaded guilty to committing an act of indecency with his 8-year-old granddaughter in 2022, was given a suspended sentence.

John Star was 75-year-old at the time of offending. According to the court’s summary of facts, he sought permission from the victim’s mother to take the victim into the bush to gather and eat nangai nuts. The victim’s cousin followed them, so Star asked the victim to follow him to a more isolated location where he touched her inappropriately.

When considering the aggravating factors, Judge William Hastings of the Supreme Court, stated that Mr. Star caused her emotional and psychological harm that may continue to affect her, despite it was not skin-to-skin contact.

The elderly man was given a starting point of 12 months’ imprisonment sentence. He pleaded guilty earlier so he is entitled to a 4 months’ reduction. He was further credit for being a first-time offender (1 month), spending 8 days in custody and demonstrating remorse (1 month), and for a delay in investigation and prosecution of the matter (1 month).

Judge Hastings suspended his sentence for 6 months based on his offending, nature of crime, his age, and previous character under section 57 of the Penal Code Act [CAP 135].

He ruled out community work due to the defendant’s old age and medical reasons.

Suspended sentence for 19-year-old cannabis cultivator

A 19-year-old man from north Ambrym, convicted for cultivating marijuana, had his of 11 months and 20-day imprisonment sentence suspended for 2 years.

Wakon Bong Saksak was ordered to perform 60 hours of community work and 6 months’ supervision under conditions.

He was remanded in custody for 2 months and 20 days after police seized two cannabis plants he cultivated at his village, Vanto, on September last year.

Cultivating cannabis plants is prohibited under the Dangerous Drugs Act [CAP 12]. The offence carries a maximum sentence of a fine not exceeding 100 million vatu or a term of imprisonment not exceeding 20 years, or both.

Saksak was given a 2-year sentence start point. He was given a 3 months’ reduction for mitigation factors, such as his age and being a first-time offender.

His remaining term of 11 months and 20 days was suspended.


SOURCE: VANUATU DAILY POST